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Thursday, 26 Mar 2015

Written Answers Nos. 60-69

Rent Supplement Scheme Payments

Questions (60)

Bernard Durkan

Question:

60. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if partial rent support can be offered in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [12583/15]

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Written answers

The client concerned has been requested to provide the Department with current payslips, a Rent Supplement application form and an up to date lease agreement confirming any increase in monthly rent. On receipt of this documentation the client's rate of Rent Supplement entitlement can be assessed.

Guardian's Payment Appeals

Questions (61)

Bernard Durkan

Question:

61. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the basis on which the claim for Guardian’s Payment has been withdrawn in the case of a person (details supplied) in County Kildare who received notice to this effect, notwithstanding the fact that the person did not withdraw the claim and has responded to the request for information to the best of that person's ability, and in view of the fact that the claim was closed by her Department and not withdrawn as suggested; if the matter can be referred for appeal and if this Parliamentary Question will be confirmed as basis for such appeal; and if she will make a statement on the matter. [12584/15]

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Written answers

The person concerned applied for a guardian's payment (contributory) in respect of her two grandchildren.

On 25 March 2015, it was decided by a deciding officer that the person concerned is not entitled to guardian's payment as, based on the evidence available, the children concerned do not satisfy the definition of orphans under social welfare legislation as they have not been abandoned by their mother.

A letter detailing this decision has issued to the person concerned and it is open to her to appeal this decision to the Chief Appeals Officer in the Social Welfare Appeals Office, stating the grounds of her appeal.

Public Sector Pensions Data

Questions (62)

Anthony Lawlor

Question:

62. Deputy Anthony Lawlor asked the Tánaiste and Minister for Social Protection if she will provide a breakdown, in tabular form, of the number of employees in semi-State companies with pensions; the number of persons in each company who have deferred pensions; if she envisages allowing persons with deferred pensions to have a say in who will represent them on boards of trustees; and if she will make a statement on the matter. [12614/15]

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Written answers

The Department does not collect the information sought by the Deputy.

The trust deed of a pension scheme sets out the basis on which the trustees of a pension scheme are appointed or elected, and the law does not put any restriction on this. Section 62 of the Pensions Act already provides for a procedure whereby members representatives can be elected. However, the procedure must be invoked as it does not apply automatically.

Departmental Properties

Questions (63)

Sean Conlan

Question:

63. Deputy Seán Conlan asked the Tánaiste and Minister for Social Protection the brief for accommodation requirements in her Department's premises in Ballybay, County Monaghan, to include all specification requirements; and if she will make a statement on the matter. [12654/15]

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Written answers

Due to the unsuitable nature and poor condition of the accommodation where staff are currently located in Ballybay, Co. Monaghan, my Department has requested that OPW identify an alternative premises. OPW would be best placed to provide the detailed technical specification requirements of accommodation to be occupied by Government Departments.

However in terms of basic accommodation requirements, the space needs to include: open plan seating for approximately 32 people; two individual offices for managers; postal sorting area; file storage area; communications room; staff canteen; staff toilets; general store room and rest room would also be required.

My Department also has an urgent requirement to establish a Public Service Card (PSC) public office in Monaghan; the only county which does not yet have such an office. This would require a reception counter, two to four PSC customer points, an interview room, a waiting area, a public toilet as well as back office areas for staff.

There would be economies of scale and an operational advantage to be gained if these two functions were located in the same building. A building of approximately 4,500 – 5,000 square feet (420-475 square metres) is envisaged. However, the geographical location of the PSC public office requires careful consideration, as it needs to serve the entire county.

Departmental Contracts Data

Questions (64)

Catherine Murphy

Question:

64. Deputy Catherine Murphy asked the Tánaiste and Minister for Social Protection if she will provide a list, in tabular form, of all contracts and tenders awarded by her Department to a company (details supplied) since 1 January, 2004, including any such awarded singularly or as a joint bid or consortium including said company; if she will indicate which Department, agency or semi-State company was the contacting party in each case; the value in each case; the purpose of each contract; and if she will make a statement on the matter. [13115/15]

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Written answers

No contracts or tenders have been awarded by my Department to the company referred to since 1 January, 2004.

Tax Agreements

Questions (65)

Bernard Durkan

Question:

65. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he remains satisfied that proposals for a consolidated tax base throughout Europe will not detrimentally affect foreign direct investment, FDI, to this country; and if he will make a statement on the matter. [12564/15]

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Written answers

While Ireland is participating constructively in the discussions on the Common Consolidated Corporate Tax Base draft directive (CCCTB), no consensus has yet been reached by Member States on this proposal.   

We are committed to an active engagement on this tax dossier and on other discussions being undertaken at EU level to tackle tax fraud, tax evasion and aggressive tax planning.  Only by actively engaging on these matters can we ensure a full and comprehensive discussion and advancement of Ireland's interests in these areas.

This engagement has no impact whatsoever on our corporation tax rate.  In fact the draft proposal on the CCCTB specifically states that there is no intention to extend harmonisation to the rates.

We remain steadfastly committed to the 12.5% corporation tax rate on companies' trading profits which is a central element of our strategy for an export led sustainable economic recovery and which promotes investment and employment.  We will continue to play fair but play to win.

The Commission has indicated that it intends to relaunch the CCCTB proposal as part of its June Action Plan on Corporate Tax.  Ireland will actively participate in any ensuing discussions, however, we would not support any proposal to harmonise tax rates.  Tax harmonisation would reduce the flexibility of Member States, in particular smaller Member States, to address particular economic objectives.

Tax Exemptions

Questions (66)

Willie Penrose

Question:

66. Deputy Willie Penrose asked the Minister for Finance if an exemption from Deposit Interest Retention Tax is available when a person reaches 65 years of age; the level of eligibility for exemption when the person is married; the stipulations and conditions attached to the said exemption; and if he will make a statement on the matter. [12596/15]

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Written answers

I am advised by the Revenue Commissioners that where an individual or their spouse/civil partner is aged over 65 and their income does not exceed the appropriate exemption limit, their deposit interest earnings are exempt from appropriate tax as provided for in sections 256 to 267 of the Taxes Consolidation Act 1997 and commonly referred to as Deposit Interest Retention Tax (DIRT).   

In April 2007, this exemption became automatic on the submission of a declaration to the financial institution where the account is held. To qualify for the automatic exemption, the individual must declare on Form DE1 that they or their spouse or civil partner are aged 65 years or over during the year and that their total annual income does not exceed the exemption limit. The current exemption limits are €18,000 in the case of a single person and €36,000 in the case of a married couple or civil partners.

Where the individual's circumstances change following the submission of this declaration form, they are required to notify the financial institution to that effect.

Where a person's income exceeds the relevant exemption limit by a small amount, he or she will not be entitled to the exemption but may be entitled to a partial refund of the DIRT deducted.

Tote Licences

Questions (67)

Pearse Doherty

Question:

67. Deputy Pearse Doherty asked the Minister for Finance the legal conditions attached to the granting of a tote licence; the groups or bodies who are eligible to apply, and the reason for same; and if he will make a statement on the matter. [12374/15]

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Written answers

The tote was established under the Totalisator Act 1929 and  to date Bord Na gCon and Horse Racing Ireland (or their predecessors) are the only bodies licensed to operate a tote. The primary purpose of this arrangement is to fund the horse and greyhound racing industry in Ireland.

The licence for Bord na gCon was renewed for a period of 5 years which commenced on 24 October 2013 and the licence for Tote Ireland was renewed for a period of 7 years which commenced on 7 March 2014.

The Government in approving the General Scheme of the Gambling Control Bill in July 2013 indicated that the Tote should be brought within the scope of the scheme. The Deputy will be aware that the Gambling Control Bill is currently under preparation by my colleague the Minister for Justice and Equality.

Credit Union Regulation

Questions (68)

Dan Neville

Question:

68. Deputy Dan Neville asked the Minister for Finance his views on a matter (details supplied) regarding the CP88 Consultation on Regulations Paper issued by the Central Bank of Ireland; and if he will make a statement on the matter. [12375/15]

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Written answers

The Registrar of Credit Unions at the Central Bank is the independent regulator for credit unions.  Within her independent regulatory discretion, the Registrar acts to support the prudential soundness of individual credit unions, to maintain sector stability and to protect the savings of credit union members.

My role as Minister for Finance is to ensure that the legal framework for credit unions is appropriate for the effective operation and supervision of credit unions.

On 27 November 2014, the Central Bank issued consultation paper CP88 entitled 'Consultation on Regulations for Credit Unions on commencement of the remaining sections of the Credit Union and Co-operation with Overseas Regulators Act 2012'. The Central Bank provided a 3 month consultation process to provide an opportunity for stakeholders to set out their views across a range of issues, with a closing date for submissions on 27 February 2015. In June 2015, following analysis of submissions received, the Central Bank will publish a feedback statement summarising information submitted, the Central Bank's response and the final regulations for credit unions. All submissions received will be published on the Central Bank's website.

The Central Bank propose a transition period of six months between publication of the feedback statement and final regulations to commencement of the regulations. This is to facilitate credit unions in making any changes to systems, controls, policies and procedures that may be necessary for any new or amended requirements. The new regulations, which will come into effect from 31 December 2015, will be informed by feedback received on CP88.

The provision of regulation making powers to the Central Bank on commencement of the remaining sections of the 2012 Act means that in the future, the Central Bank will be in a position to review and amend the regulations as appropriate on a timely basis following consultation with the credit union sector. I have been informed by the Central Bank that where credit unions set out a clear path on how they wish to develop their business model, the Central Bank will consider any amendments to the regulations that may be appropriate.

The safety of members' savings and the security of the credit union sector as a whole are priorities for this Government and while the Government recognises the important role of credit unions as a volunteer co-operative movement in this country, it is vital that measures implemented will ensure a viable credit union sector into the future.  

Departmental Investigations

Questions (69)

Michael McCarthy

Question:

69. Deputy Michael McCarthy asked the Minister for Finance further to Parliamentary Question No. 140 of 14 January 2015, if further investigation has been conducted with regard to the targeting of Irish businesses and small and medium enterprises by scam marketing companies offering to obtain a valid Value Added Tax number against an advance payment; the advice provided by the European Union Commission on this matter; if there have been any further moves at European Union level to clamp down on this; and if he will make a statement on the matter. [12383/15]

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Written answers

As advised by the Revenue Commissioners in January, there is currently no official EU VAT register and only national tax administrations have the right to issue a VAT number.

Any unsolicited correspondence received from unknown or suspicious sources in relation to VAT registration numbers should be brought to the attention of the Revenue Commissioners.

The Revenue Commissioners advise that if companies are unsure about any such documentation they receive, there are a few simple steps that are advisable to take:

- Check the sender's email address tallies with a trusted organisation's website address, in this case, the Commission.

- Check the email is sent from a verifiable address.

- Check the email uses your proper name and not a non-specific greeting like "dear customer".

- Check that where a prominent website link is used that this has not been forged to make it look similar to a prominent website. Even a single character's difference means a different website.

- Beware of a request for personal information such as user name, password or bank details.

- Beware of an email when you were not expecting to get an email from the company that appears to have sent it.

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